City of Leavenworth v. Hatch
Supreme Court of Kansas
Error from Leavenworth District Court. Hon. Robert Crozier, Judge. STATEMENT BY THE COURT. The plaintiff, Ella B. Hatch, a resident of Kansas City, was visiting the family of Mr. Vantuyl, in Leavenworth, in the last of July, 1891. . A portion of Fourth street in the city, which had been macadamized, was out of repair, and it became necessary for the city to place more broken stone in the places where it had become worn.
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Error from Leavenworth District Court. Hon. Robert Crozier, Judge. STATEMENT BY THE COURT. The plaintiff, Ella B. Hatch, a resident of Kansas City, was visiting the family of Mr. Vantuyl, in Leavenworth, in the last of July, 1891. . A portion of Fourth street in the city, which had been macadamized, was out of repair, and it became necessary for the city to place more broken stone in the places where it had become worn. For this purpose the city had stone hauled along the street and thrown off in different places, where they were broken up and left in piles until they were measured, and then…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
It is insisted on behalf of the city that there was not sufficient evidence to support the verdict in this case. The witnesses do not all agree as to the condition in which the street was left on the evening the plaintiff was injured, but there is testimony showing that there were piles of stone extending diagonally across the street, and that most of the travel was off the macadamized part of the street on the dirt. The strongest evidence in favor of the plaintiff is to the effect that it was impracticable to drive on the macadam, and that…
2Cases cited8 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
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3Cited by14 opinions
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- Anthony v. KiefnerSupreme Court of Kansas · 1915
- Perkins v. GallowaySupreme Court of Alabama · 1915
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